Register
Log In
Home
February 20, 2008
Offline
For those of us in Florida, this is a big deal. Up until now we were not able to defend ourselves/family during an evacuation such as a hurricane. No power, middle of the night, flooded roads...you get the idea.
SB-290, Firearms/Emergency Evacuation
DATE: May 22, 2015
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President
SB-290, Firearms/Emergency Evacuation by Senator Jeff Brandes (R-St. Petersburg) and Rep. Heather Fitzenhagen (R-Ft. Myers) was signed into law yesterday by Governor Rick Scott and took effect immediately.
SB-290 is a bill to protect citizens from being disarmed and charged with a crime for carrying a weapon or firearm when in the process of evacuating during a mandatory evacuation ordered by the Governor or a local government during a declared state of emergency.
When you're ordered under a mandatory evacuation to take your family, pets and important documents and leave your home and other belongings behind, you should not be deprived of the ability to protect yourself and your family. You should not be denied the right to take your firearms with you and forced to leave them behind for looters. This bill is especially important for law-abiding people in a state that is prone to evacuations due to hurricanes.
A second important element of the bill is the correction of the statutory construction of Florida Statute 790.01, the law that prohibits concealed carry. The law passed in 1987 and was never intended to allow concealed weapons and firearms license holders to be treated like criminals.
However, in 2013 in Mackey v. State, 124 So. 3d 176, 181 (Fla. 2013) the Florida Supreme Court ruled that carrying a firearm or weapon, even with a license, is a crime and that a person with a license only has an "affirmative defense" against the crime. In other words, since that ruling, a license holder found to be carrying a concealed firearm could become the victim of an anti-gun law enforcement officer or prosecutor and still be arrested and charged with a crime and have to defend himself in the legal system.
The attorney for the license holder in that case was Eric Friday, General Counsel for Florida Carry, Inc. Mr. Friday crafted corrective language and we worked with Mr. Friday, Senator Brandes and Rep. Fitzenhagen to include corrective language in SB-290 to be sure the statutes could not be interpreted in that manner again.
Now, the statutes are clear. Unlicensed concealed carry is a crime. Licensed concealed is not.
This is a great bill and we can breathe a little more of Freedom's air because it is now the law in Florida -- thanks to the 29 Senators, 89 Representatives and Governor Rick Scott.
If you're going to drink, don't drive. Don't even putt.
Supporter
Moderators
Dans Club
February 22, 2009
Offline
Finally some common sense legislation. Although, licensed conceal carry is just a way for the states to make money and keep tabs. Criminals will concealed carry without a license; how dare they....
Technically, the glass is always full; half liquid, half air....
Dans Club
March 2, 2008
Offline
Very positive steps forward.
Several years ago a court decision here in CT finally affirmed that our "Permit to Carry Pistols or Revolvers" inherently allows Open Carry, it is not only a concealed only permit.
I went to a bookstore and asked the saleswoman "Were is the Self Help Section?" She said if she told me, it would defeat the purpose.
George Carlin
February 20, 2008
Offline
We are also fortunate in that our license is for concealed weapons carry...I something do not carry a firearm, but, something else... a baton.
If you're going to drink, don't drive. Don't even putt.
Dans Club
April 18, 2014
Offline
Kinda sounds like a good day for Florida. Good to see.
Cecil
Oath Keeper #021479 NRA #206814004
Member AAGSR Member AGA #83120600233
"To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them."
Richard Henry Lee
American Statesman, 1788
1 Guest(s)
